YOGESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This matter has come up before us on reference made by one of the learned single Judges of this Court.

(2.) The question for consideration is as to whether power envisaged under S. 319 of the Code of Criminal Procedure (hereinafter referred to as "the Code") is exercisable at the stage of framing of the charge.

(3.) It appears that a first information report was lodged by one Bisheshwar Singh for an offence under S. 302 read with other ancillary section of the Indian Penal Code and S. 27 of the Arms Act where the petitioner was one of the named accused. The police after investigation submitted charge-sheet against other accused persons except the petitioners and one Birendra Narayan Singh. On submission of the charge-sheet, the learned Chief Judicial Magistrate took cognizance of the offence and at the same time, discharged the petitioner and Birendra Narayan Singh vide order dated 21-2-1991. The order taking cognizance by the learned Chief Judicial Magistrate, however, was challenged in Criminal Revision No. 33/91 and the learned Sessions Judge vide order as contained in Annexure-4 dated 8-4-1991 dismissed the revision application with a liberty to the informant to agitate the matter at the time of framing of charge in the light of the decision in the case of Sk. Latfur Rahman v. The State, 1985 SBCJ 470.